MEMORANDUM OF AGREEMENT BETWEEN THE 

UNITED STATES COAST GUARD 

AND THE 

LITTLE TRAVERSE BAY BANDS OF ODA WA INDIANS 

1. PURPOSE. This Memorandum of Agreement (MOA) represents an agreement entered pursuant 

to the Indian Law Enforcement Reform Act 25 USC 2804 and will establish guidelines for 

cooperation between the Little Traverse Bay Bands of Odawa Indians (L TBB or Tribe) and the 

United States Coast Guard (USCG) concerning the enforcement of laws relating to commercial 

fishing vessel safety (CFVS) on waters within the concurrent jurisdiction (waters ceded by the 

Treaty of March 28, 1836 (7 Stat 491) of the aforementioned Tribe and the United States. 

2. SCOPE. This agreement pertains to the enforcement of federal commercial fishing vessel safety 

regulations on Tribal commercial fishing vessels on navigable waters with concurrent jurisdiction. 

3. AUTHORITY. This Agreement is authorized under the provisions of the Indian Law 

Enforcement Reform Act 25 USC 2804, 46 USC 4506 and 14 USC 141. 

4. BACKGROUND. The LTBB is a member of the Chippewa Ottawa Resource Authority 

(CORA). The CORA Tribes and the USCG exercise concurrent jurisdiction over those waters that 

are also subject to the jurisdiction of the United States. Any other Tribe not described in paragraph 

1 may avail itself of the benefits and responsibilities of this MOA by enacting commercial fishing 

safety regulations in conformance with paragraph 5.B.(2) below, and by filing with the USCG its 

official action authorizing the execution of this MOA. 

5. RESPONSIBILITIES: 

A. Coast Guard. 

(1) The USCG will provide CFVS instructor training to LTBB Conservation Enforcement Officers 

subject to available funding and, upon completion of training, certify them as Dockside Examiners. 

(2) The USCG shall provide compliance decals to LTBB Tribal Conservation Enforcement 

Officers certified as Dockside Examiners upon receipt of the examination form indicating the 

successful passing of a Dockside Examination. 

(3) The USCG may grant exemptions from the commercial fishing vessel regulations to vessels 

under LTBB jurisdiction, in accordance with 46 USC 4506, if good cause exists for granting an 

exemption and the safety of the vessel and those onboard will not be adversely affected. The 

L TBB will have input on all exemption requests for Tribal vessels. The USCG shall supply the 

LTBB Conservation Enforcement with copies of any exemption it has granted to LTBB 

commercial fishing vessel operators. 

(4) Violations of Tribal commercial fishing vessel regulations observed by USCG boarding 

officers will be referred to the LTBB Tribal Court system for processing. In addition, other 

violations may be referred to Tribal Conservation Enforcement Officers at the discretion of the 

Sector Commander. Violations not processed by the Tribal Court may be processed by the USCG. 
(5) When a complaint is made to the USCG concerning an offense that is a violation ofLTBB 

Tribal commercial fishing regulations, the USCG will refer the complaint to Tribal Conservation 

Enforcement Officers. 

(6) A USCG boarding officer who has observed a violation of Tribal laws or regulations will be 

made available to testify for the Tribe or the Federal prosecution for the observed offense or to 

testify in any other proceeding relating to the violation. 

(7) Should the USCG board a commercial fishing vessel under Tribal jurisdiction, the USCG will 

provide a copy of all USCG boarding reports of the commercial fishing vessel to LTBB Tribal 

Conservation Enforcement Officers for their records and, for vessels in violation, processing 

through the Tribal Court System. 

B.LTBB. 

(1) Native American commercial fishing vessels that are operated by LTBB Tribal members in the 

1836 Treaty ceded waters ofEastern Lake Superior, Northern Lake Michigan and Northern Lake 

Huron are subject to CORA Tribal commercial fishing regulations. 

(2) The LTBB shall, to the fullest extent practicable, maintain uniform commercial fishing vessel 

regulations throughout the 1836 Treaty ceded waters. Such regulations must provide for the same 

level of safety as the regulations issued by the USCG for violations to be referred to Tribal court as 

provided by this MOA. The USCG and the Tribe shall provide each other with adequate notice of, 

and an opportunity to comment on, any proposed changes to applicable commercial fishing safety 

regulations. 

(3) The LTBB has concurrent law enforcement responsibility concerning Tribally licensed 

commercial fishing vessels where related Tribal Codes are applicable on waters that are subject to 

the jurisdiction of the United States and also the jurisdiction of the Tribe. 

(4) When a complaint is made to Tribal Conservation Enforcement Officers concerning an offense 

that is a violation of laws or regulations that are within the exclusive jurisdiction of the United 

States, the Tribe will refer the complaint to the Coast Guard. 

(5) A Tribal Conservation Enforcement Officer who has observed a violation of vessel inspection 

laws or other regulations of the United States will generally be made available to testify for the 

Tribe or the Federal prosecution for the observed offense or to testify in any other proceeding 

relating to the violation. 

(6) The Tribe will supply the USCG with a copy of all commercial fishing vessel dockside exams 

and boarding reports and all reports and disposition records, including penalty assessments, 

concerning those violation cases processed through the LTBB Tribal Court System. 

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C. Coast Guard and L TBB. 

(1) The USCG and the L TBB will share administrative resources ( e.g., information exchange) as 

necessary to support the terms ofthis MOA. Statistics related to the boarding, inspection, 

education, violations and casualties of commercial fishing vessels will be shared by the parties 

upon request. 

(2) In order to provide the most effective law enforcement possible with available resources and to 

avoid the duplication of efforts in a given area at a given time, L TBB Tribal Conservation 

Enforcement Officers and the Sector Commander of the cognizant Sector will coordinate or 

arrange for the coordination oflaw enforcement patrols on waters of concurrent jurisdiction. 

(3) The parties will cooperate in tribal commercial fishing vessel safety training and information 

programs. Tribal Conservation Enforcement Officers will distribute commercial fishing vessel 

safety publications as agreed upon. The USCG will furnish the Tribe with information concerning 

the time and place of commercial fishing vessel dockside examinations and any other related 

education courses that may be sponsored by the USCG. 

6. LIAISON. Points of contact for all parties are attached to this agreement as Appendix A. The 

parties shall endeavor to keep Appendix A up to date and will provide written notice of any 

changes as soon as practicable. Changes or modifications to Appendix A shall not require a 

written agreement executed by the parties. 

7. OTHER PROVISIONS. This MOA does not abrogate or in any way change the jurisdiction of 

the LTBB or the United States. Nothing in it is intended to conflict with current law or regulation 

or the directives of the USCG. If a term of this agreement is inconsistent with such authority, then 

that term shall be invalid, but the remaining terms and conditions ofthis Agreement shall remain in 

full force. 

8. EFFECTIVE DATE. The terms of this agreement will become effective on the date the last 

party signs the agreement. 

9. MODIFICATION. This agreement may be modified upon the mutual written consent of the 

parties. 

10. TERMINATION. The terms of this agreement, as modified with the consent of both parties, 

will remain in effect until cancelled by either party. The cancelling party will provide the other 

party with at least thirty days written notice to the designated liaison. A representative of each 

party will review the MOA biennially to ascertain whether any revisions are necessary. A copy of 

the review will be appended to each party's copy of the MOA, and a copy will be filed with the 

Commander, Ninth Coast Guard District Prevention Division. 

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APPROVED BY: 

LITTLE TRAVERSE BAY BANDS OF ODA WA INDIANS 

FRANK ETTA W AGESHIK 

TITLE: Tribal Chairman, 

Little Traverse Bay Bands of Odawa Indians 

UNITED STATES OF AMERICA 

DEPARTMENT OF HOMELAND SECURITY 

UNITED STATES COAST GUARD 

T OHN E. CROWLEY JR. 

TITLE: Rear Admiral, U.S. Coast Guard 

Commander, Ninth Coast Guard District 

Date: 

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Appendix A 

To the Memorandum of Agreement Between 

United States Coast Guard, the Little Traverse Bay Bands of Odawa Indians 

The following are points of contact (POC) for the subject Memorandum of Agreement (MOA). 

For the Little Traverse Bay Bands of Odawa Indians 

Douglas W. Craven, Natural Resource Director 

7500 Odawa Circle 

Harbor Springs, MI 49740 

Telephone: (231) 242-1670 

For the United States 

Captain L. W. Thomas 

USCG D9 (dp) 

1240 East Ninth Street 

Cleveland, Ohio 44199-2060 

Telephone: (216) 902-6045 

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